im at my wits end with these two and wondered if anyone can help me this all started when the oc sold these accounts to cabot who then harassed me so much for payments so high it affected my mental health i turned to debt management company to arrange payments to cabot after a couple of years offered me a large discount so i stopped paying and sent a cca request on three occasions a couple of weeks apart they replied and said the fact i had paid to the accounts was proof enough and sent none of the documents i asked for after six months or so they sent me statements asking for payment i sent a cease and desist as they have not sent anything they say they are investigating and pass to marlin marlin threaten court i report them to f/o after telling them the account is in dispute f/o contacts them they ask f/o if they can pass back to cabot f/o asks me do i want him to contact cabot low and behold marlin wriet to me and say cabot have sent their last response marlin have investigated and dont up hold my complaint what next can i do
marlin and cabot
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Re: marlin and cabot
Hi and welcome
First of all, don't panic! Marlin and Cabot are both well known for being aggressive, but even wild beasts can be tamed.
Can you tell us a bit more about these accounts? What were they originally? Credit cards? Loans? Overdrafts? Who were they with and how long ago did you take them out? Would be easier if you listed all the accounts and told us who owns what, i.e Marlin or Cabot. :typing:
Are you still making payments?
The fact that you made payments proves you had an account but doesn't prove there was ever a compliant agreement under s.77/79 of the Consumer Credit Act. Creditors have a duty to respond to a CCA request provided the accounts fall under the Act.
The FOS doesn't get involved in enforceability issues because that's up to the courts. Can you tell us what the nature of your complaint was?Examples of accounts where a CCA request applies Examples where a CCA request doesn't apply - Credit cards
- Loans
- Hire purchase agreements
- Catalog accounts
- Current account overdrafts
- Utility bills
- Mobile phone contracts
- Service agreements
They have to comply with a CCA request if They don't have a duty to respond if - They haven't obtained judgment against you
- There is an outstanding balance on the account
- You have not sent a CCA request in the last 30 days
- They have obtained judgment against you (a CCJ)
- There is no outstanding balance on the account
- You have sent a CCA request in the past 30 days
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Re: marlin and cabot
thanks for the quick reply the accounts were a unsecured loan a overdraft and a credit card ithink the credit card was pre 2007 the loan was around 2008 as was the overdraft the oc was yorkshire bank with all three cabot claimed they purchased the debts they have ignored all attempts to provide the cca which i reqested three time so i sent them a estopple letter they said they would contact the oc for the docs they sent me some statements of my account with them after a few months so i sent them the cease and desist letter they said they would investigate they then passed it to marlin to collect on their behalf marlins contact me i write back telling them the account is in dispute and should not have been passed to them they then say they they intend court action so i reported marlin to the f/o for chasing me without docs
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Re: marlin and cabot
im wondering if i need to ask marlin to supply all documentation but they are trying to collect while its in dispute with cabot which is a breach of fca guidelines, since they say they are collecting on behalf of cabot or so they say then are they agents only in the matter and have no real powers should i write again to cabot to further request the cca even though i sent them a cease and desist cabot must not be able to get anything or surely they would have sent it after 15 months of asking for it or am i wrong
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Re: marlin and cabot
[QUOTE=properchap;463569]Originally posted by properchap View Postthanks for the quick reply the accounts were a unsecured loan a overdraft and a credit card ithink the credit card was pre 2007 the loan was around 2008 as was the overdraft the oc was yorkshire bank with all three cabot claimed they purchased the debts they have ignored all attempts to provide the cca which i reqested three time
Originally posted by properchap View Postso i sent them a estopple letter they said they would contact the oc for the docs they sent me some statements of my account with them after a few months so i sent them the cease and desist letter they said they would investigate they then passed it to marlin to collect on their behalf
Originally posted by properchap View Postmarlins contact me i write back telling them the account is in dispute and should not have been passed to them they then say they they intend court action so i reported marlin to the f/o for chasing me without docs
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Re: marlin and cabot
Originally posted by properchap View Postim wondering if i need to ask marlin to supply all documentation but they are trying to collect while its in dispute with cabot which is a breach of fca guidelines, since they say they are collecting on behalf of cabot or so they say then are they agents only in the matter and have no real powers should i write again to cabot to further request the cca even though i sent them a cease and desist cabot must not be able to get anything or surely they would have sent it after 15 months of asking for it or am i wrong
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Re: marlin and cabot
yes the 3 letters were from another website the fos reply was to ask me if i wanted him to take up the issue with cabot as marlin had requested him if he would do so i rang the f/o and said i needed more time to make that decision i cant scan the letters sorry, the amounts are quite large and im worried marlin will go for a charge on my home if i dont respond quickly marlin say this their final response so do i need to ask them for the cca
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Re: marlin and cabot
with regard to the other website i did not use their templates i used the concept of asking for the cca in in a time frame but still did not receive a copy of the cca and sent them a estopple i could not see any harm in doing so as far as i could understand perhaps this was a mistake i dont know
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Re: marlin and cabot
Originally posted by properchap View Postyes the 3 letters were from another website
Originally posted by properchap View Postthe fos reply was to ask me if i wanted him to take up the issue with cabot as marlin had requested him if he would do so i rang the f/o and said i needed more time to make that decision i cant scan the letters sorry, the amounts are quite large and im worried marlin will go for a charge on my home if i dont respond quickly marlin say this their final response so do i need to ask them for the cca
Without knowing what Marlin are saying on their letters, it's hard to suggest how to respond. :mmph:
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Re: marlin and cabot
Originally posted by properchap View Postwith regard to the other website i did not use their templates i used the concept of asking for the cca in in a time frame but still did not receive a copy of the cca and sent them a estopple i could not see any harm in doing so as far as i could understand perhaps this was a mistake i dont know
No harm done so far but from now on, it may be best to post here what you've received. If you can't scan the letters you can use a digital camera or mobile phone to take a picture. hoto: Failing that, it would be useful to at least know what Marlin responded with. :noidea:
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Re: marlin and cabot
ok after the first contact with marlin i sent them a reply telling them that the alleged accounts are in dispute with cabot for failure to supply me with a cca request plus other documents they then replied that they were going to initiate court proceedings thats when i asked the f/o to help after i reported them to the to f/o they said they would investigate they then contacted the f/o to see if he would assign the complaint to cabot they then wrote to me on 18/8/14 and said after their investigation my complaint was not up held this was their final response after cabot informed them their final response had been sent to me which i will look for but i do not know which letter they refer to they also say i am aware they have been instructed to manage my accounts on behalf of cabot and the letters were sent 6/6/14 and again asked me to contact them for payment there is no time scale on this letter as to when to reply back it seems they are disregarding all fca guidelines and trying to get me to pay or quickly get me to court, thanks for trying to help meLast edited by properchap; 22nd August 2014, 18:26:PM.
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